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ORTIZ v. MORA

No. 1:18-cv-00713-JCH-KRS.

426 F.Supp.3d 924 (2019)

Shawntay ORTIZ, Individually and on Behalf of L.J., Her Minor Son, and as the Personal Representative of Martin Jim, Deceased, Plaintiff, v. Joshua MORA, In His Individual Capacity, Board of County Commissioners of Bernalillo County, and Manuel Gonzales, III, Bernalillo County Sheriff, Defendants.

United States District Court, D. New Mexico.

Filed December 10, 2019.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER

Attorney(s) appearing for the Case

Sam Bregman , Bregman & Loman, P.C., Albuquerque, NM, for Plaintiff.

Marcus J Rael, Jr. , Taylor Sauer Rahn , Luis E. Robles , Robles, Rael & Anaya, PC, Nicholas S. Autio , New Mexico Association of Counties, Albuquerque, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

In the aftermath of a car pursuit, Bernalillo County Deputy Sheriff Joshua Mora opened fire on the fleeing vehicle, killing both its driver, Isaac Padilla, and passenger, Martin Jim. Jim's surviving partner and minor child brought this 42 U.S.C. § 1983 action, contending that Mora unreasonably seized Jim by firing his gun when the chase had ended, the vehicle was stationary against a curb, damaged, and barricaded by two police cars...

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